Employment-based green card applications require several key documents, including a valid job offer or labor certification, proof of the employer's ability to pay the offered wage, and the applicant's educational and professional qualifications. Applicants must also submit identity documents such as passports, birth certificates, and proof of lawful entry into the United States. Medical examination results and evidence of maintaining lawful status during the application process are essential for successful approval.
What Documents Are Needed for Employment-Based Green Card Applications?
| Number | Name | Description |
|---|---|---|
| 1 | Passport | A valid passport is essential for employment-based green card applications as it serves as a primary proof of identity and nationality. Immigration authorities require a current passport to verify eligibility and facilitate the processing of visa and work authorization documents. |
| 2 | Birth Certificate | A birth certificate is a crucial document in employment-based green card applications as it verifies the applicant's identity, date of birth, and parentage, which are essential for establishing eligibility and maintaining consistency across immigration records. Providing an official, certified birth certificate reduces processing delays and supports the authenticity of personal information required by USCIS during the green card review process. |
| 3 | Employment Offer Letter | The employment offer letter is a critical document for employment-based green card applications, serving as proof of a bona fide job offer from a U.S. employer and detailing the job position, salary, and terms of employment. USCIS requires this letter to confirm the applicant's eligibility and intention to work in the role specified for permanent residency approval. |
| 4 | Labor Certification (PERM) | Labor Certification (PERM) requires employers to submit a detailed application to the Department of Labor proving the inability to find qualified U.S. workers for the position, including job descriptions, recruitment efforts, and wage determinations. Essential documents include the ETA Form 9089, evidence of recruitment steps, prevailing wage determination from the DOL, and supporting employer financial statements. |
| 5 | Form I-140 (Immigrant Petition for Alien Worker) | Form I-140, Immigrant Petition for Alien Worker, requires supporting documentation such as a certified labor certification from the Department of Labor, evidence of the employer's ability to pay the offered wage, and proof of the beneficiary's qualifications, including degrees, licenses, or work experience. Accurate submission of these documents is crucial for processing employment-based green card applications and ensuring eligibility under the relevant immigrant visa category. |
| 6 | Form I-485 (Application to Register Permanent Residence or Adjust Status) | Form I-485 requires submission of key documents including a valid passport, birth certificate, Form I-797 approval notice for the immigrant petition, and proof of lawful entry. Supporting evidence such as medical examination results (Form I-693), employment verification letters, and Form I-94 arrival/departure record are also essential for a complete employment-based green card application. |
| 7 | Form I-765 (Application for Employment Authorization), if applicable | Form I-765 (Application for Employment Authorization) is required for employment-based green card applicants who need work authorization while their application is pending, allowing them to legally work in the United States during the processing period. Supporting documents typically include a copy of the receipt notice for the green card application (Form I-485), passport, I-94 arrival/departure record, and two passport-style photographs to complete the I-765 submission. |
| 8 | Form I-131 (Application for Travel Document), if applicable | Form I-131 (Application for Travel Document) is required for employment-based green card applicants who need to travel outside the United States while their adjustment of status application is pending. This form allows applicants to obtain advance parole, ensuring they can re-enter the U.S. without abandoning their green card application process. |
| 9 | Approved I-140 Receipt Notice | The Approved I-140 Receipt Notice is a critical document in employment-based green card applications, serving as proof that the immigrant petition has been filed and approved by USCIS. It must be submitted alongside other essential documents such as the labor certification, employment verification letters, and valid passports to demonstrate eligibility and support the adjustment of status or consular processing. |
| 10 | Form I-797 (Approval Notice) | Form I-797, the Approval Notice issued by USCIS, serves as essential evidence of an approved petition for employment-based green card applications and must be included to verify the petition's approval status. This document confirms the petitioner's authorization and supports the beneficiary's eligibility, facilitating the continuation of the green card process. |
| 11 | Form G-325A (Biographic Information), if applicable | Form G-325A (Biographic Information) is required for certain employment-based green card applications to provide detailed personal history including employment, residence, and travel information for USCIS background checks. Accurate and complete submission of Form G-325A helps verify the applicant's identity and supports the overall adjudication process for employment-based immigration benefits. |
| 12 | Form I-864 (Affidavit of Support), if required | Form I-864 (Affidavit of Support) is required in employment-based green card applications when a petitioning employer must demonstrate the ability to financially support the intending immigrant, ensuring the applicant will not become a public charge. This legally binding document includes detailed income and asset information and must meet or exceed 125% of the federal poverty guidelines to satisfy United States Citizenship and Immigration Services (USCIS) requirements. |
| 13 | Tax Returns and W-2 Forms | Employment-based green card applications require submission of recent tax returns and W-2 forms to verify the applicant's income and employment history. These documents demonstrate financial stability and compliance with IRS regulations, ensuring eligibility for permanent residency. |
| 14 | Evidence of Current Employment (pay stubs, employment letters) | Evidence of current employment for employment-based green card applications typically includes recent pay stubs and official employment letters verifying job title, salary, and duration of employment. These documents demonstrate ongoing work status and employer commitment, which are crucial for USCIS evaluation. |
| 15 | Academic Degrees/Diplomas | Academic degrees and diplomas serve as critical evidence in employment-based green card applications, demonstrating the applicant's educational qualifications for the offered position. Official transcripts, certified copies of diplomas, and credential evaluations for foreign degrees must be submitted to verify equivalency and meet U.S. immigration standards. |
| 16 | Professional Licenses or Certifications | Professional licenses or certifications are critical documents in employment-based green card applications, as they validate the applicant's qualifications and compliance with industry standards. These documents must be current, state-recognized, and directly relevant to the job offered to demonstrate eligibility for permanent residency. |
| 17 | Proof of Lawful Entry (Form I-94) | Proof of Lawful Entry, primarily demonstrated by Form I-94, is essential for employment-based green card applications as it verifies the applicant's admission into the United States under legal status. The I-94 form records the date of entry, class of admission, and authorized period of stay, all critical for establishing eligibility for adjustment of status. |
| 18 | Visa Stamps (if applicable) | Employment-based green card applications often require valid visa stamps such as H-1B, L-1, or O-1 in the applicant's passport to demonstrate lawful status and ongoing employment authorization. These visa stamps must be current and unexpired, serving as critical evidence during adjustment of status or consular processing to verify eligibility for permanent residency. |
| 19 | Marriage Certificate (if applying with spouse) | A marriage certificate is a crucial document for employment-based green card applications when applying with a spouse as it establishes the legal relationship required for derivative status eligibility. It must be an official, government-issued certificate providing proof of a valid marriage recognized under U.S. immigration law. |
| 20 | Divorce Decrees or Death Certificates (if applicable) | Employment-based green card applications require specific supporting documents, including divorce decrees or death certificates if applicable, to verify the applicant's marital status and resolve any legal complexities. These documents ensure accurate dependency claims and eligibility, facilitating smoother processing of the petition by USCIS. |
| 21 | Medical Examination Report (Form I-693) | The Medical Examination Report (Form I-693) is a critical document for employment-based green card applications, verifying the applicant's health status and ensuring they meet U.S. public health standards. This form must be completed by a USCIS-designated civil surgeon and includes a physical examination, vaccination records, and screening for communicable diseases. |
| 22 | Two Passport-Style Photos | Two passport-style photos must meet U.S. Department of State specifications, including a 2x2 inch size, white background, and recent appearance within six months. These photos are essential for identification and to support the Form I-485, Application to Register Permanent Residence or Adjust Status, in employment-based green card applications. |
| 23 | Previous Employment Authorization Documents (EAD cards, if any) | Previous Employment Authorization Documents (EAD cards) must be submitted as part of Employment-Based Green Card applications to demonstrate lawful work authorization during the green card process. These documents include all issued EAD cards showing dates of validity and categories under which employment was authorized, ensuring USCIS verifies continuous employment eligibility. |
| 24 | Criminal History Records (if any) | Employment-based green card applications require submission of certified criminal history records from all countries where the applicant has resided for more than six months since the age of 16, including police clearance certificates and court records if applicable. Accurate disclosure and documentation of any arrests, convictions, or pending charges are crucial to avoid delays or denials in the adjudication process. |
| 25 | Evidence of Maintenance of Status (for adjustment applicants) | Employment-based green card applicants must provide evidence of continuous lawful status in the U.S., such as valid I-94 arrival/departure records, current visa stamps, and approved extension notices. Additionally, pay stubs and employment verification letters help demonstrate ongoing authorized employment essential for adjustment of status approval. |
| 26 | Translation of Foreign Documents (if not in English) | Employment-based green card applications require all foreign documents to be translated into English by a certified translator to ensure accuracy and compliance with U.S. Citizenship and Immigration Services (USCIS) standards. Translations must include a certification statement from the translator affirming the completeness and accuracy of the translation for the application to be considered valid. |
Overview of Employment-Based Green Card Applications
Employment-based green card applications require specific documentation to verify eligibility and support the petition process. Understanding the necessary documents helps streamline the application and reduce processing delays.
- Form I-140, Immigrant Petition for Alien Worker - This form is filed by the employer to classify the foreign worker under a specific employment-based preference category.
- Labor Certification (PERM) - An approved labor certification from the Department of Labor demonstrates that no qualified U.S. workers are available for the position.
- Supporting Evidence - Documents such as proof of education, work experience, employer support letters, and financial records validate the eligibility criteria.
Submitting complete and accurate documentation is essential for a successful employment-based green card application.
Eligibility Criteria for Employment-Based Green Cards
Employment-based green card applications require specific documents to verify eligibility and support the petition. Eligibility criteria include a valid job offer from a U.S. employer, proof of your specialized skills or qualifications, and evidence of labor certification or exemption if applicable. Submitting the correct documentation ensures the application meets USCIS standards and processing requirements.
Key Documentation Required for Application
Employment-based green card applications require specific documentation to verify eligibility and support the filing process. Key documents include a valid job offer, proof of labor certification, and evidence of educational qualifications.
You must provide a completed Form I-140, Immigrant Petition for Alien Worker, along with your employer's supporting documents. Proof of work experience, such as letters from previous employers, is essential to establish qualifications. Additionally, valid identification documents like a passport and medical examination records are necessary to complete the application.
Labor Certification (PERM) and Its Importance
The Labor Certification (PERM) is a critical document required for employment-based green card applications. It verifies that no qualified U.S. workers are available for the position, ensuring compliance with Department of Labor regulations. Securing an approved PERM is essential to proceed with the immigrant petition and obtain lawful permanent residency.
Employer-Sponsored Petition: Form I-140 Guidelines
The Employer-Sponsored Petition for a Green Card requires specific documentation to ensure smooth processing of Form I-140. These documents verify the employer's ability to pay and the beneficiary's qualifications.
- Form I-140, Immigrant Petition for Alien Worker - This is the primary form filed by the employer to start the employment-based green card process.
- Labor Certification (if applicable) - Proof of an approved PERM labor certification demonstrates that no qualified U.S. workers are available for the position.
- Supporting Evidence - Includes employer financial records, beneficiary's educational credentials, and work experience letters to validate eligibility.
Supporting Documents for Foreign Workers
What documents are needed for employment-based green card applications? Supporting documents for foreign workers typically include a valid job offer letter, approval of the labor certification (PERM), and the approved Form I-140, Immigrant Petition for Alien Worker. Additional evidence such as proof of qualifications, including degrees and work experience letters, must also be provided to support your application.
Evidence of Qualifications and Job Offer
```htmlEmployment-based green card applications require specific documents that demonstrate your qualifications and a valid job offer from a U.S. employer. Proper evidence is crucial to prove eligibility and secure approval for permanent residency.
- Evidence of Qualifications - Include diplomas, transcripts, professional licenses, and letters of experience to verify your education and skills.
- Job Offer Letter - A formal offer from the U.S. employer detailing job title, duties, salary, and employment terms is essential.
- Labor Certification - Approval from the Department of Labor confirming the employer's recruitment efforts and the job's compliance with wage standards is necessary.
Filing Procedures and Submission Tips
| Document | Description | Filing Procedure | Submission Tips |
|---|---|---|---|
| Form I-140 (Immigrant Petition for Alien Worker) | Petition filed by the employer to classify the employee under the appropriate employment-based category. | File with USCIS service center handling employment-based petitions. | Ensure all information matches supporting documents; include correct filing fees; retain copies for records. |
| Labor Certification (PERM) | Document certifying that no qualified U.S. workers are available for the position. | Submit electronically to the Department of Labor through the iCERT portal before filing Form I-140. | Verify accuracy in job details; keep the Department of Labor audit file; confirm approval prior to I-140 submission. |
| Form I-485 (Application to Register Permanent Residence or Adjust Status) | Application form used by applicants already in the U.S. to adjust status to permanent resident. | File with USCIS after the priority date becomes current according to the Visa Bulletin. | Gather all required supporting evidence such as medical examination and proof of lawful entry; submit form with receipts and photos. |
| Proof of Employment | Employer's letter, employment contracts, and pay stubs demonstrating ongoing job offer and employment history. | Include as evidence with I-140 or I-485 depending on case type. | Use official company letterhead; date and sign letters; provide recent pay stubs to establish continuous employment. |
| Supporting Identification Documents | Passports, birth certificates, marriage certificates, and other identity proofs required to establish eligibility. | Submit copies as requested in the petition or adjustment application package. | Provide certified translations if documents are in a foreign language; include notarized copies if applicable. |
| Medical Examination Report (Form I-693) | Document from a USCIS-authorized physician stating the applicant's health status. | Submit as part of the I-485 adjustment of status application. | Complete the medical exam close to the filing date but within validity periods; seal exam in a USCIS-approved envelope. |
| Proof of Education and Professional Qualifications | Diplomas, transcripts, certifications, and licenses validating the applicant's qualifications for the offered position. | Attach to Form I-140 or upload if filing electronically. | Provide originals or certified copies; include evaluations if degrees are from foreign institutions. |
Common Pitfalls and How to Avoid Application Delays
Employment-based green card applications require key documents such as a valid job offer letter, certified labor certification (PERM), and proof of educational qualifications. Missing or incomplete documents often cause significant delays in processing.
Common pitfalls include submitting outdated forms, failing to provide translations for foreign documents, and neglecting to include required signatures. To avoid delays, carefully review USCIS instructions and prepare a thorough, organized application.
What Documents Are Needed for Employment-Based Green Card Applications? Infographic
